Three daughters and two sons of a Tipperary couple who sued for nervous shock after their parents died in a head-on car crash have settled their High Court actions on confidential terms.
Another daughter who sustained multiple serious injuries in the collision settled her action after a hearing lasting several days.
Emma Kenneally (35) told the High Court she had to be cut from the wreckage and thought she was going to die after a car veered onto her side of the road as she drove home from a shopping trip in Kilkenny.
Her father, Tom Kenneally (65), and her mother, Angela (61), from outside Templemore, Co Tipperary, died as a result of the accident, which happened six kilometres outside Kilkenny city on August 24th, 2011.
It was claimed the car that veered across the road and ploughed into Ms Kenneally’s car did so after a psychiatric patient, who was a front-seat passenger, allegedly grabbed the steering wheel of the car being driven by his sister.
Ms Kenneally fractured all four limbs as well her spine and ribs and spent three months in hospital. Ms Kenneally, a teacher, of Barnane, Templemore, sued Elizabeth Dillon, Bowsfield, Killerig, Tullow, Co Carlow, the owner and driver of the other car, and Ms Dillon’s brother, Sean, of the same address, the front passenger in the car. It was alleged Mr Dillon grabbed the driver’s wheel as his sister drove.
Ms Kenneally had also sued the HSE, as owner of St Luke’s Hospital, Kilkenny, where Mr Dillon had received treatment.She had also sued the Motor Insurers Bureau of Ireland arising from the allegation Mr Dillon was in control of the car at the time of the crash.
It was alleged the reason Ms Dillon’s car went onto the incorrect side of the road was because her driving was compromised by the actions of her brother, then a psychiatric patient under the care of the HSE at St Luke’s Hospital.
At the High Court on Wednesday, Emma’s sisters - Mary, Rosie and Christina - and brothers John and Patrick settled their actions claiming nervous shock over the sudden death of their parents. Approving the settlements, Mr Justice Kevin Cross said he was glad the cases that arose from a tragic accident had settled.
